Communications

Pursuant to Virginia Freedom of Information Act, I hereby request the following records:

-The current memorandum of agreement (MOA) or memorandum of understanding (MOU) with the Defense Logistics Agency, Disposition Services regarding the 1033 equipment surplus program administered by the DLA Law Enforcement Support Office

-The annual inventory form required to be completed by MSP by the state coordinator of the 1033 program

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Please consider this correspondence the Virginia Department of State Police ( the department) response to your email seeking The current memorandum of agreement (MOA) or memorandum of understanding (MOU) with the Defense Logistics Agency, Disposition Services regarding the 1033 equipment surplus program administered by the DLA Law Enforcement Support Office and the annual inventory form required to be completed by MSP by the state coordinator of the 1033 program. As you may be aware, requests for records of the Commonwealth, its agencies and political subdivisions are governed by the Virginia Freedom of Information Act (FOIA), §§ 2.2-3700 et. seq. of the Code of Virginia.

Pursuant to § 2.2-3700 the Virginia General Assembly ensured the people of the Commonwealth ready access to public records. This citizen only access restriction was recently upheld by the U.S. Supreme Court in McBurney v Young, 569 US __ (12-17) (April 29, 2013). Based upon the address you provided it appears you are not a citizen of the Commonwealth and as a non-resident you are not entitled to records or documents under Virginia FOIA.

I regret the department cannot be of further assistance to you in this matter.

This message is from the Office of Legal Affairs, Virginia Department of State Police may be confidential and only for the use of the individual or entity to which it is addressed and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately by telephone at 804-674-2000.

Regarding the email below, please understand that the citizenship provision in the Virginia Freedom of Information Act is not compulsory. That is, government offices are not barred from releasing documents to individuals who do not reside within Virginia, but choose to do so.

Please confirm whether you will serve greater transparency and government accountability by fulfilling this request without requiring a Virginia resident to submit the request.